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HomeMy WebLinkAbout08-1091DANIELLE R. WINN Plaintiff V. HARRY S. GARULA, III Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 08 -109) ll+v i l Term CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM OF RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the first floor of the Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GARANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 Codi Tucker, Esquire Guida Law Offices 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 DANIELLE R. WINN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. HARRY S. GARULA, III No. 16 7-U, Defendant CIVIL ACTION -LAW DIVORCE COUNTI COMPLAINT UNDER SECTION 3301(a)(6),3301 (c),3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Danielle R. Winn, who currently resides at 828 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, since 2004. 2. Defendant is Harry S. Garula, III, who currently resides at 828 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 since 2004. 3. Plaintiff Danielle R. Winn and Defendant Harry S. Garula, III have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and the defendant were married on September 29, 2007 in Cumberland County, Pennsylvania and separated on February 9, 2008. i . r 5. There have been no prior actions for divorce or for annulment between the parties. 6. The grounds upon which this action is based are irretrievable breakdown of the marriage, or, in the alternative, indignities to the person of Plaintiff, the innocent and injured spouse, so as to render her condition intolerable and life burdensome. 7. The marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military service. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce under Section 3301 (a) (6), (d) or (c) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges paragraphs one through nine. 11. During the course of the marriage, Plaintiff and Defendant acquired personal property. 12. The personal property acquired by the parties is subject to equitable distribution. 13. The personal property Plaintiff believes is subject to equitable distribution includes, but is not limited to, furniture, household goods, and vehicles. WHEREFORE, Plaintiff respectfully requests the court to enter a decree dividing the property and debt equitably between the parties and such other relief as the court deems just. i • Date: ? 3 OU Codi Tucker, Esquire Attorney for Plaintiff Attorney I.D. Number 205158 Guida Law Offices 111 Locust Street, Harrisburg, PA 17101 717-236-6440 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec. 4904 relating to unsworn falsification to authorities. a 11-41 0 / Date Danielle R. Winn, Plaintiff C; F CAJ -TI XJ CA O Mar. 3. 2008 10:17AM TEAM COSTELLO DANIELLE R. WINN, Plaintiff V. HARRY S. GARULA, III, Defendant No. 1088 P. 2 : IN TIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1091 CIVII, ACT10N -LAW DIVORCE AFFIDAVIT FOR RETURN OF SERVICE AND NOW, this 4 7 4 day of Xzxt"AeL2008, I, Floyd Morrow, served the Notice to Defend and the Complaint in Divorce by personally handing to the defendant Harry S. Ga vla, III one true and attested copy of the onlgmal above named documents at 828 Hummel Avenue, Lemoyne, Pennsylvania on February 27, 2008. I verify that the statements made in this affidavit are true and correct. I . that false statements herein are made subject to the 4knderstaud penalties of 18 PaC.S. Section 4904 relating to unsworn falsification to authorities. Date -a4110 Floyd M :ow "ra C? DANIELLE R. WINN., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1091 HARRY S. GARULA, III, CIVIL ACTION - LAW Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date p -'? Danielle R. Winn, Plaintiff ?? ?f.., ? { ? ' t• --1 ?' ? :? ? ? /? ri'E N DANIELLE R. WINN., Plaintiff V. HARRY S. GARULA, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1091 CIVIL ACTION -LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) AND SECTION 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a coy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: (.% a U Lf?, Danielle R. Winn, Plaintiff cx? ? ?:_ rr? r; ? ?t ?? ?' r- ? ti ? .?? - ? ? r tv ...., tv Codi M. Tucker GUIDA LAW OFFICES, P.C. 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 DANIELLE R. WINN., Plaintiff V. HARRY S. GARULA, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1091 CIVIL ACTION - LAW DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Danielle R. Winn, through her attorneys Guida Law Offices, P.C. and Codi M. Tucker, moves the court to appoint a master with respect to the following claims: (x) Divorce () Annulment () Alimony () Alimony Pendente Lite (x) Distribution of Property (} Support () Counsel Fees () Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The non-moving party has appeared in the action personally. 3. The statutory grounds for divorce are 23 Pa.C.S. §3301(a)(6). 4. The action is contested with respect to the following claims: (a) distribution of property IV- (b) divorce 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take four hours. Respectfully submitted, L{ Date: GUIDA LAW OFFICES, P.C. By: O&C qA) Codi M. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff DANIELLE R. WINN, Plaintiff V. HARRY S. GARULA, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1091 CIVIL ACTION - LAW DIVORCE INCOME AND EXPENSE STATEMENT OF DANIELLE WINN Plaintiff verifies that the statements made in this Income and Expense Statement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Date:--7-1-7- Q 'W -rTa-nielle Winn, Plaintiff INCOME Employer: Countrywide Home Loans Address: 6375 Mercury Dr. Mechanicsburg PA 17050 Type of Work: loan officer Pay period (weekly, biweekly, etc.):Monthly - commission based Gross Pay per Pay Period: average for 2008 1312 Itemized Payroll Deductions: Federal Withholdings 115 Social Security 74 Local Wage Tax 10 State Income Tax 36 Retirement Savings Bonds Credit Union Life Insurance 3 Health Insurance 128 Other (specify) Net Pay per Pay Period: 946 Other Income: Week Month Year Interest $ Dividends _ Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Other Miscellaneous 900 TOTAL TOTAL INCOME: $22,152 per year INCOME Employer: Century 21 Walak and Associates Address: 3603 Cedar Dr Camp Hill, PA 17011 Type of Work: Real estate agent Pay period (weekly, biweekly, etc.): commission Gross Pay per Pay Period: total for 2008 5000 Itemized Payroll Deductions: Federal Withholdings 1250 Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Net Pay per Pay Period: 3750 Other Income: Week Month Year Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Other Miscellaneous TOTAL TOTAL INCOME: $3,750 per year EXPENSES Week Month Year Home Mortgage/rent $ $ 805 $ Maintenance Utilities Gas 10 Electric 70 Oil Telephone 25 Water 30 Sewer 38 Employment Public Transportation Lunch Taxes Real Estate-escrowed 1190 Personal Property Income-real estate 900 Insurance Homeowners -escrowed 360 Automobile 800 Life Accident Health 150 Renters Automobile Payments 221 Fuel 60 Repairs Medical Doctor 200 Dentist Orthodontist Hospital Medicine 640 Special Needs Education Private school Parochial school College Religious Personal Clothing Food Hairdresser Credit payments Credit Card Charge Account Memberships Cell Phone Student Loan Homeowners Loan for basement Miscellaneous Household help Child care Papers/books/magazines Entertainment Cable TV Vacation Gifts Legal Fees Charitable Contributions Other child support Alimony payments Other TOTAL EXPENSES: $ 28,834 per year PROPERTY OWNED Description 250 85 100 18 120 65 50 45 Ownership 700 120 1420 Value H W Joint Checking Account 5003731282 2136 _ X Savings Account 5003660605 105.30 - X Checking Account 5004999811 773 _ X Savings Account 5004589492 856.73 _ X Checking Account 5003731282 23.99 X Credit Union _ Real Estate 828 Hummel Ave $115,000 _ X Other IRA 253.64 _ X TOTAL: $4,148.66 INSURANCE Company Coverage Policy No. H W Joint Medical Blue Cross/Shield _ Other Health/Accident Disability Income Dental Other Respectfully submitted, GUIDA LA OFFICES, P.C. Dater N D U By: Codi M. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff m co ` ' Codi M. Tucker GUIDA LAW OFFICES, P.C. 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 DANIELLE R. WINN, Plaintiff V. HARRY S. GARULA, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1091 CIVIL ACTION - LAW DIVORCE INVENTORY OF PLAINTIFF DANIELLE R. WINN Plaintiff Danielle R. Winn files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. q Danielle Winn, Plaintiff ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( )15. Business (list all owners, including percentage of ownership, officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plan ( ) 18. Pension plans (indicate employee contribution and date plan vests (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number of Property 1. Home located at 828 Hummel Avenue, Lemoyne, PA (excluding Plaintiffs premarital contribution) 2.A. 2001 Ford Explorer 25. 19. Household items purchased during marriage IRA Names of All Owners Danielle R. Winn Harry S. Garula Danielle R. Winn and Harry S. Garula, III Danielle R. Winn NON-MARITAL PROPERTY Item Number Description of Property Reason for Exclusion 25. 2. 6a. 6b. Household items purchased prior to marriage 2008 Toyota Yaris Checking Account Checking Account purchased prior to marriage purchased after separation accrued after separation accrued after separation 6c. Savings Account 6d. Savings Account PROPERTY Item Description Number of Propert y 2. 2001 Ford Focus accrued after separation accrued after separation TRANSFERRED Consid- Person to Whom eration Transferred $1300 Bobby Rahal LIABILITIES Item Description Name of All Names of All Number of Property Creditors Debtors 24. Mortgage Countrywide Danielle R. Winn Home Loans 24. Home Equity Loan PNC Bank Danielle R. Winn 24. Car Loan Capital One Danielle R. Winn Respectfully submitted, GUI A LAW OFFICES, P.C. Date: Dq) By: , q___ Co i M. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorney for Plaintiff DANIELLE R. WINN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1091 HARRY S. GARULA, III, CIVIL ACTION - LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Codi M. Tucker, Esquire, of Guida Law Offices, P.C., attorney for the Plaintiff, Danielle R. Winn hereby certify that I served a copy of the foregoing Inventory on Defendant Harry S. Garula, III at, 2 Sulfur Springs Road, Duncannon, Pennsylvania 17020 on July 25, 2008, via U.S. First Class Mail, Postage Pre-Paid. GUIDA LAW OFFICES, P.C. Date: B• Codi M. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff C) r? -11 7i CD ... ?, -:. .. ..aM- . " " V I C:_ DANIELLE R. WINN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1091 HARRY S. GARULA, III, CIVIL ACTION -LAW Defendant DIVORCE ORDER - ta- day of August, 2008, -/ AND NOW, this - Esquire, is appointed master with respect to the following claims: divorce and distribution of property. BY THE COURT: J. I 1?0 MOVING PARTY Danielle R. Winn, Plaintiff Codi M. Tucker, Esquire 1/- -1 Locust Street Harrisburg, PA 17101 (717-236-6440 NON-MOVING PARTY L,Karry S. Garula, III, Defendant Pro Se 2 Sulfur Springs Road Duncannon, PA 17020 C) CD LU A?e Q O CV DANIELLE R. WINN., Plaintiff V. HARRY S. GARULA, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1091 CIVIL ACTION - LAW DIVORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, this PROPERTY SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement"), made this day of A) KA Pi , 2008, made 4 y by and between DANIELLE R. WINN (hereinafter referred to as "WIFE"), of Lemoyne, Cumberland County, Pennsylvania and Harry S. Garula, III (hereinafter referred to as "HUSBAND"), of Duncannon, Perry County, Pennsylvania, collectively referred to hereinafter as the "parties": WITNESSETH: WHEREAS, the parties were married on September 29, 2007, in Cumberland County, Pennsylvania; and Page 1 of 19 DRW HSG WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. PERSONAL RIGHTS Page 2 of 19 HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may choose. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupations, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of Page 3 of 19 ULJ- DRW HSG either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. MUTUAL CONSENT DIVORCE WIFE has filed an action for divorce in CUMBERLAND County, Pennsylvania, filed to Docket No. 08-1091. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Both parties hereby express their agreement that the marriage is irretrievably broken. The parties agree that each shall sign and will duly acknowledged an Affidavit of Consent to the divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for WIFE who will promptly file a Praecipe to Transmit Record to precipitate the prompt entry of a Decree in Divorce. 4. INCORPORATION IN DIVORCE DECREE It is further agreed, covenanted, and stipulated that this Agreement or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any Page 4 of 19 -ixA.J (413 DRW HSG court of competent jurisdiction in any divorce proceedings that has been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 7. MUTUAL RELEASE Page 5 of 19 DRW HSG HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of; (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions Page 6 of 19 DRW HSG thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL The provisions of this Agreement and its legal effect have been fully explained to WIFE by her counsel Codi M. Tucker, Esquire of 111 Locust Street, Harrisburg, Pennsylvania. The provisions of the Agreement and its legal effect have been fully explained to HUSBAND by his counsel Samuel L. Andes, Esquire of 525 N. 12th Street, Lemoyne, Pennsylvania. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Page 7 of 19 -? 6LS C:- DRW HSG 9. DEBT OF THE PARTIES HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 10. PERSONAL PROPERTY WIFE shall retain the following items of personal property; all items currently in Page 8 of 19 DRW HSG her possession. HUSBAND shall retain the following items of personal property; all items currently in his possession and any and all items currently remaining in the residence located at 828 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, with the exception of the Adirondack furniture, refrigerator, stove, range, washer, dryer and dishwasher. Plaintiff shall provide the following items to Defendant; the digital scale, the wedding toasting glasses and Kayla's air conditioner. Defendant shall also return to Plaintiff the garage door opener to the residence located at 828 Hummel Avenue, Lemoyne, Pennsylvania. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Neither party shall make any claims to any such items of personal property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement, both parties shall have complete Page 9 of 19 DRW HSG freedom of disposition as to his/her separate personal property and any personal property which is in their possession or control pursuant to this Agreement. 11. DIVISION OF REAL PROPERTY HUSBAND hereby waives all claim and interest in the real property situated at 828 Hummel Avenue in Lemoyne, Cumberland County, Pennsylvania, now titled solely in the name of WIFE. HUSBAND acknowledges that he has no claim, right, interest, or title whatsoever in said property and agrees never to assert any claim to the property in the future. HUSBAND shall, simultaneously with the execution of this Agreement, execute a Quit Claim Deed, to be prepared by WIFE'S attorney, surrendering any interest he has in the property to WIFE. Except as otherwise provided herein, commencing on the execution date of this Agreement, WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the mortgage, with Countrywide Home Loans, the second mortgage, with PNC Bank, taxes, insurance premiums and maintenance. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to Page 10 of 19 DRW HSG Countrywide Home Loans and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, as a result of her non-payment of, or non-performance of, said mortgage and said mortgage conditions. In exchange for HUSBAND transferring his rights to the property as mentioned above, WIFE agrees to pay HUSBAND the sum of four thousand five hundred (4500) dollars. The first payment of one thousand dollars (1000) shall be paid upon the filing of this document and HUSBAND's consent and waiver to the divorce. The additional three thousand five hundred dollars (3500) shall be paid within sixty (60) days following the entry of a divorce decree. HUSBAND agrees to remove all of his personal property and move from the property within forty five (45) days of the date of execution of this agreement. HUSBAND agrees that after the forty five (45) day period, he shall not have any right of entry into said property. 12. BANK ACCOUNTS HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. Page 11 of 19 _uAl ?-- DRW HSG 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS HUSBAND agrees that any monies which WIFE may have acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not asset any such claim in the future. WIFE agrees that any monies which HUSBAND may have acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not asset any such claim in the future. 14. MOTOR VEHICLES The parties agree that WIFE shall retain possession of, as her separate property, the Toyota Yaris, or any and all proceeds from the sale or trade thereof, for her own use and disposition. HUSBAND agrees to cooperate with WIFE in securing the transfer of the title, if necessary, to upon request. WIFE shall be solely responsible for Page 12 of 19 DRW HSG 4_k all expenses associated with this automobile, including but not limited to, insurance, maintenance, gasoline and the liens and loans thereon. The parties agree that HUSBAND shall retain possession of, as his separate property, the Ford Explorer, or any and all proceeds from the sale or trade thereof, for his own use and disposition. WIFE agrees to cooperate with HUSBAND in securing the transfer of the title, if necessary, to upon request. HUSBAND shall be solely responsible for all expenses associated with this automobile, including but not limited to, insurance, maintenance, gasoline and the liens and loans thereon. 15. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Page 13 of 19 --?- DRW HSG Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of the said Act. 17. WAIVER OF ALIMONY HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 18. EFFECT OF DIVORCE DECREE Page 14 of 19 `± _ - DRW HSG The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 19. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. WAIVER OF CLAIMS Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the will of the other, and the right to act as administrator or executor of the other's estate. Each Page 15 of 19 DRW HSG party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 21. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. FINANCIAL DISCLOSURE The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party Page 16 of 19 DRW HSG shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 23. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. ADDITIONAL INSTRUMENTS Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES Page 17 of 19 S D?RW?? HSG If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 27. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 28. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. Page 18 of 19 29. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. D LLE R. WINN AR S ARULA, III COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: On the Jelay of O WMW , 2008, before me, a Notary Public, personally appeared Harry S. Gar a, III, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Page 19 of 19 rgr?u.sw. AMY K KUNO , t TMY P o id 4, X4 0"" fc?"4415 6' 4trt s a Y,i.r . rc, „ ?R COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: - On the /a 6C day of ko-p", 2008, before me, a Notary Public, personally appeared Danielle R. Winn, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. C-0M - EALTH 0F`p€ SYLVANIA ONOWNSm CamWBdmE*kn Ami 2M1 '?annedv.n:. A?cnni?firn+MFAflltvAac tJ -. , - .? a _.,.. -i -r-? ? ; ?:. _. r... ? , Cr+ } t:t ... , e.v E ='': Codi M. Tucker GUIDA LAW OFFICES, P.C. 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 DANIELLE R. WINN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1091 HARRY S. GARULA, III, CIVIL ACTION -LAW Defendant DIVORCE MOTION TO REVOKE APPOINTMENT OF DIVORCE MASTER Plaintiff, Danielle R, Winn, through her attorneys Codi M. Tucker and the Guida Law Offices, P.C., petitions this Court to revoke the appointment of E. Robert Elicker, Esquire as Divorce Master. In support thereof, Plaintiff offers the following: 1. On August 7, 2008, this Court issued an Order appointing E. Robert Elicker, Esquire as Divorce Master in this case. 2. On November 10, 2008, the parties signed a marriage settlement agreement resolving all issues in this case. 3. Samuel L. Andes, counsel for Defendant concurs in this motion. WHEREFORE, Plaintiff respectfully requests that the appointment of E. Robert Elicker, Esquire as divorce master in this matter be revoked. Respectfully submitted, GUIDA LA OFFICES, P.C. Date: l ra By: odi M. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff DANIELLE R. WINN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1091 HARRY S. GARULA, III, CIVIL ACTION - LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Codi M. Tucker, Esquire, of the Guida Law Offices, P.C., attorney for the Plaintiff, Danielle R. Winn, hereby certify that I have served a copy of the Motion to Revoke Appointment of Divorce Master to the Defendant, Harry S. Garula, III through his counsel, Samuel L. Andes, Esquire on November 25, 2008 in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Samuel L. Andes, Esquire 525 N. 12'x' Street PO Box 168 Lemoyne, PA 17043 Date:-" Ljyb GUIDA LAW OFFICES, P.C. By-A Codi M. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 724-0516 Attorneys for Plaintiff -.? 7 a ?? .v,? C r ,? - ? -? t «?v. Y y-A `O DANIELLE R. WINN., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1091 HARRY S. GARULA, III, CIVIL ACTION -LAW Defendant DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date I a f C???4 , OE 1 II, Defendant 7ews,kr -a '? ,i +? i ? y ??? z __.. .. •, ; ; t . '. a DANIELLE R. WINN., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1091 HARRY S. GARULA, III, CIVIL ACTION -LAW Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) AND SECTION 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a coy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: l ( 2 S (? a, I , Defendant F _? ?? `l1 i"" °? _.e ?. } i?t i.... p.. 1? ham'; DANIELLE R. WINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 1091 CIVIL HARRY S. GARULA, III, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of ,?,,?j{?. 2008, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated November 10, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, i Edgar B. Bayley, P.J. cc:di M. Tucker Attorney for Plaintiff muel L. Andes Attorney for Defendant J r0 y CD r- cx3 _ LL- r. DANIELLE R. WINN., Plaintiff V. HARRY S. GARULA, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1091 CIVIL ACTION - LAW DIVORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, this PROPERTY SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement'), made this day of A) AA ki 2008, made y I" by and between DANIELLE R. WINN (hereinafter referred to as "WIFE"), of Lemoyne, Cumberland County, Pennsylvania and Harry S. Garula, III (hereinafter referred to as "HUSBAND"), of Duncannon, Perry County, Pennsylvania, collectively referred to hereinafter as the "parties": WITNESSETH: WHEREAS, the parties were married on September 29, 2007, in Cumberland County, Pennsylvania; and Page 1 of 19 ?W _ DRW HSG WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. PERSONAL RIGHTS Page 2 of 19 DRW HSG HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may choose. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupations, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of Page 3 of 19 DRW HSG either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. MUTUAL CONSENT DIVORCE WIFE has filed an action for divorce in CUMBERLAND County, Pennsylvania, filed to Docket No. 08-1091. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Both parties hereby express their agreement that the marriage is irretrievably broken. The parties agree that each shall sign and will duly acknowledged an Affidavit of Consent to the divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for WIFE who will promptly file a Praecipe to Transmit Record to precipitate the prompt entry of a Decree in Divorce. 4. INCORPORATION IN DIVORCE DECREE It is further agreed, covenanted, and stipulated that this Agreement or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any Page 4 of 19 i fG DRW HSG court of competent jurisdiction in any divorce proceedings that has been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 7. MUTUAL RELEASE Page 5 of 19 bu/J DRW HSG HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of; (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions Page 6 of 19 -IDIJ DRW HSG thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL The provisions of this Agreement and its legal effect have been fully explained to WIFE by her counsel Codi M. Tucker, Esquire of 111 Locust Street, Harrisburg, Pennsylvania. The provisions of the Agreement and its legal effect have been fully explained to HUSBAND by his counsel Samuel L. Andes, Esquire of 525 N. 12th Street, Lemoyne, Pennsylvania. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Page 7 of 19 DRW HSG 9. DEBT OF THE PARTIES HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 10. PERSONAL PROPERTY WIFE shall retain the following items of personal property; all items currently in Page 8 of 19 DRW HSG her possession. HUSBAND shall retain the following items of personal property; all items currently in his possession and any and all items currently remaining in the residence located at 828 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, with the exception of the Adirondack furniture, refrigerator, stove, range, washer, dryer and dishwasher. Plaintiff shall provide the following items to Defendant; the digital scale, the wedding toasting glasses and Kayla's air conditioner. Defendant shall also return to Plaintiff the garage door opener to the residence located at 828 Hummel Avenue, Lemoyne, Pennsylvania. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Neither party shall make any claims to any such items of personal property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement, both parties shall have complete Page 9 of 19 DRW HSG freedom of disposition as to his/her separate personal property and any personal property which is in their possession or control pursuant to this Agreement. 11. DIVISION OF REAL PROPERTY HUSBAND hereby waives all claim and interest in the real property situated at 828 Hummel Avenue in Lemoyne, Cumberland County, Pennsylvania, now titled solely in the name of WIFE. HUSBAND acknowledges that he has no claim, right, interest, or title whatsoever in said property and agrees never to assert any claim to the property in the future. HUSBAND shall, simultaneously with the execution of this Agreement, execute a Quit Claim Deed, to be prepared by WIFE'S attorney, surrendering any interest he has in the property to WIFE. Except as otherwise provided herein, commencing on the execution date of this Agreement, WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the mortgage, with Countrywide Home Loans, the second mortgage, with PNC Bank, taxes, insurance premiums and maintenance. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to Page 10 of 19 DRW HSG Countrywide Home Loans and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, as a result of her non-payment of, or non-performance of, said mortgage and said mortgage conditions. In exchange for HUSBAND transferring his rights to the property as mentioned above, WIFE agrees to pay HUSBAND the sum of four thousand five hundred (4500) dollars. The first payment of one thousand dollars (1000) shall be paid upon the filing of this document and HUSBAND's consent and waiver to the divorce. The additional three thousand five hundred dollars (3500) shall be paid within sixty (60) days following the entry of a divorce decree. HUSBAND agrees to remove all of his personal property and move from the property within forty five (45) days of the date of execution of this agreement. HUSBAND agrees that after the forty five (45) day period, he shall not have any right of entry into said property. 12. BANK ACCOUNTS HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. Page 11 of 19 7UL-Ij- psi; DRW HSG 13. PENSIONS ANNUITIES AND/OR RETIREMENT BENEFITS HUSBAND agrees that any monies which WIFE may have acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not asset any such claim in the future. WIFE agrees that any monies which HUSBAND may have acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not asset any such claim in the future. 14. MOTOR VEHICLES The parties agree that WIFE shall retain possession of, as her separate property, the Toyota Yaris, or any and all proceeds from the sale or trade thereof, for her own use and disposition. HUSBAND agrees to cooperate with WIFE in securing the transfer of the title, if necessary, to upon request. WIFE shall be solely responsible for Page 12 of 19 DRW HSG all expenses associated with this automobile, including but not limited to, insurance, maintenance, gasoline and the liens and loans thereon. The parties agree that HUSBAND shall retain possession of, as his separate property, the Ford Explorer, or any and all proceeds from the sale or trade thereof, for his own use and disposition. WIFE agrees to cooperate with HUSBAND in securing the transfer of the title, if necessary, to upon request. HUSBAND shall be solely responsible for all expenses associated with this automobile, including but not limited to, insurance, maintenance, gasoline and the liens and loans thereon. 15. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Page 13 of 19 DRW HSG Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of the said Act. 17. WAIVER OF ALIMONY HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 18. EFFECT OF DIVORCE DECREE Page 14 of 19 - _CIR!=- DRW HSG The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 19. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. WAIVER OF CLAIMS Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the will of the other, and the right to act as administrator or executor of the other's estate. Each Page 15 of 19 DRW HSG shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 23. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. ADDITIONAL INSTRUMENTS Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES Page 17 of 19 S D?RW?J HSG If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 27. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 28. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. Page 18 of 19 6 29. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. D LLE R. WINN HAR S ARULA, III COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: On the Aay of ??r4lQf , 2008, before me, a Notary Public, personally appeared Harry S. Gar a, III, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. (?&k ItCLAI'.ej"u) Page 19 of 19 NOTAfMAL SEl1t. NAw M.QHAMN%? ?N?O?TpA?R?Y? P?UK C W COMMA Des FM 5 DANIELLE R. WINN, Plaintiff V. HARRY S. GARULA, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1091 CIVIL ACTION -LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Grounds for divorce: Irretrievable breakdown under §3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served by personal in hand delivery on February 27, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff on June 2, 2008; by defendant on November 25, 2008. 4. Related claims pending: None 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: June 9, 2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: December 1, 2008. Date: l Res ectful submitted, By: Codi Tucker, Esquire GUIDA LAW OFFICES 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff 0 t S -; . M W DANIELLE R. WINN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY S. GARULA, III NO. 08-1091 DIVORCE DECREE AND NOW, z -7' , zoo , it is ordered and decreed that DANIELLE R. WINN , plaintiff, and HARRY S. GARULA, III , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE '1?1/ By the Court, Awl -I. v,Y tii aril ??